Liberty Superior Court convicted a defendant of felony murder involving the death of his 7-month-old child. The defendant explained that, in shaking his baby, he was hoping to dislodge some mucous. He appealed, complaining that the State did not show that “he used his hands offensively and intentionally to kill his daughter.”
Georgia’s Supreme Court reviewed the defendant’s case and noted that prosecution did not need to show intent to kill under felony murder charge, but it did have to show intent in the charge upon which it was predicated. The Court determined that the State did prove the defendant’s intent of aggravated assault based on the allegations stated in the indictment. The Court upheld the trial court’s convictions.